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g. Engineering services for construction management, including design and construction <br />management for STATE-approved change orders. <br />h. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing <br />construction contract documents, and for complying with all federal, state, and local regulatory <br />requirements. Legal services must be approved by the STATE in writing and in advance to be <br />eligible for financing by the STATE. <br />7. STATE may release contract at its option. In its sole discretion, the STATE may at any time give any <br />consent, deferment, subordination, release, satisfaction, or termination of any or all of the <br />BORROWER'S obligations under this contract, with valuable consideration, upon such terms and <br />conditions as the STATE may determine to be advisable to further the purposes of this contract or to <br />protect the STATE's financial interest therein, and consistent with both the statutory purposes of this <br />contract and the limitations of the statutory authority under which it is made. <br />8. Casualty and eminent domain. If, at any time, during the term of this contract, (a) the BORROWER's <br />PROJECT facilities, including buildings or any portion thereof, are damaged or destroyed, in whole or in <br />part, by fire or other casualty, or (b) title to or use of the PRO~ECT facilities or any part thereof shall be <br />taken under the exercise of the power of eminent domain, the BORROWER shall cause the net <br />proceeds of any insurance claim or condemnation award to be applied to the prompt replacement, <br />repair and restoration of the PRO~ECT facilities or any portion thereof. Any net proceeds remaining <br />after such work has been completed shall be paid to the BORROWER. If the net proceeds are <br />insufficient to pay the full cost of the replacement, repair and restoration, the BORROWER Sh811 <br />complete the work and pay any cost in excess of the net proceeds. <br />9. Captions. The captions and headings contained in this contract are for convenience and reference <br />only and shall not be construed so as to define or limit the terms or provisions contracted herein. <br />10. STATE's approval. This contract requires review and approval of plans, specifications, and various <br />other technical and legal documents. The STaTE's review of these documents is only for the purpose <br />of verifying BoRROwER's compliance with this contract and shall not be construed or interpreted as a <br />technical review or approval of the actual design or construction of the PRO~ECT rehabilitation. <br />Nofinrithstanding any consents or approvals given to the BORROWER by the STATE on any such <br />documents, BORROWER and its CONSULTANT preparing any such documents shall be solely <br />responsible for the accuracy and completeness of any of the construction documents. <br />11. Addresses for mailing. All notices, correspondence, or other documents required by this contract <br />shall be delivered or mailed to the following addresses: <br />FO~ the STATE: <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Attn: Construction Fund Section <br />FOf the BORROWER: <br />Excelsior Irrigating Company <br />231 Nyberg Road <br />Pueblo, CO 81006 <br />D. Special provisions (1993 version) <br />1. Controller's approval. This contract shall not be deemed valid until it shall have been approved <br />by the Controller of the State of Colorado or such assistant as he may designate. This provision is <br />applicable to any contract involving the payment of money by the STATE. <br />The Excelsior Irrigating Company Page 9 of 12 Loan Contract <br />